HomeMy WebLinkAbout96-04846
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December 28, 1998
MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this f rj deyof ~\\ C 11\ (!f", 1998,
by and batwaon Richerd C. Gordon, horelnefter referred to as "Husband", and Jane A.
Gordon, hlHelnafter referred to es "Wife".
WITNESSETH:
WHEREAS, Husbend and Wife were lawfully married on May 8, 1965;
and
WHEREAS, certain differences arose between the parties as e rasult of
which they separated on October 8, 1995, and now live separate end apart from one
another, and are desirous of settling fully and finally their respective flnancllll and
property rights and obligations es between each other, InclUding, without IImltstlon by
specification: the settling of all matters between them reletlng to the past, present
and future support and/or malntanance of Wife by Husband or of Husband by Wife;
and In general the settling of eny and all claims and possible claims by one against the
other or against their respective estates for equitable distribution of all marital
property; and a resolution of ell mutual responslbllllles and rights growing out of the
marrlege reletlonshlp; end
WHEREAS, the pertles hareto, efter being properly advised by their
respective counsel, Husband, by his ettorney, Edward J. Weintraub, Esquire, and Wife
by her attorney, Stephen J. Dzuranln, Esquire, have coma to the following agreement.
NOW THEREFORE, In consideration of the above recitals and the
following covanants and promlsas mutually made end mutuelly to be kept, the parties
heretofore, Intending to be legally bound and to legally bind their heirs, successors end
esslgns thereby, covenent, promise and egree as follows:
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1. SEPARA nON:
It shall be lawful for eech party at all times hereafter to live
separate end apart from the other as such place or places as he or she may from time
to time choose or deam fit.
2. INTERFERENCE:
Each party shell ba free from Interference, authority and contsct
by the other, es fully as If he or she were single and unmsrrlad, except as may be
necessery to carry out the provisions of thlts Agreement. Neither party shall harass the
other nor endeavor to molest the other, nor compel the other to cohabit with the other
nor In any way malign the other, nor In any way Interfere with the peaceful existence,
separate and apart from the other In all respects as If he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts Indicated In Paragraph 6 below Wife
represents and werrants to Husband that since October 8, 1996, she has not, and In
the future, she will not, contract or Incur any debt or liability for which Husband or his
estate might be responsible and shall Indemnify and seve Husband harmless from sny
and all claims or demands made against him by reason of debts or obllgetlons Incurred
by her.
4. HUSBAND'S DEBTS:
Other than the debts Indicated in Paragreph 6 below. Husband
represents and warrants to Wife that since October 8, 1996, he has not, and In the
future he will not, contract or Incur any debt or liability for which Wife or her estate
might be responsible and shall Indemnify and ssve Wife harmless from any end all
claims or damands mada against her by reason of debts or obligations Incurred by him.
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6. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agrae that they have no
outstanding marital debts and obligations of the Husband and Wlfa Incurred prior to
the signing of this agreement, except as follows:
PEASON(S) NOW
DESCRIPTION AMOUNT RESPONSIBLE
A. Corestetes Home Equity $11,402.24 H
Loan
B. West Shore Teachers Fed. $11,376,43 H
Credit Union
C. Mortgage 1 B Alchlend Lene $43,409.00 H&W
The parties agree that HUGbend shall hereafter be responsible for paying
debt A and Wife shall be responsible for paying debts Bend C above, as hereafter
provided
At closing on her refinancing of the mortgage on the former marital home,
as hereafter provided, Wife shall Immediately pay to her counsel's escrow account the
sum of $11,400.00, which amount, when deposited and distributed as set forth
hareln, shell satisfy Wife's obligation as to debt B above. From the same deposit,
$7,400.00 shall ba Immedlstely paid directly to tha creditor of debt B above and
$4,000.00 shall be held In escrow by counsel for Wife pending satisfaction of the
parties' 1998/01nt tax liability. Any portion of the $4,000.00 not utilized to pay taxes
shall than be returned to Husband for purposes of further paying debt B above. At
his discretion by continued timely periodic payments or by a lump sum payment,
Husband shall satisfy In full debt A above.
Each party agrees to pay the outstanding Joint debts as allocated and
further agrees to Indemnify and sava harmless the other from any liability for such
debts or obligations.
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In the event that either party contrected or Incurred any debts, other then
those specifically Identified herein since October 8, 1996, the perty who Incurred the
debt shall be responsible for Its payment regardless of the name In which thll eccount
may have been cherged and agrees 10 Indemnify and hold harmless the other for any
liability for such debts.
6. MUTUAL RELEASE:
Except as provided In this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for en equitable distribution of their marital proparty In accordance
with the Divorce Code of 1990 es amanded. Subject to the provisions of this
Agreament, aach party has released and discharged, and by this Agreament does for
himself or herself, and his or her heirs, legal representatives, executors, administrators
and assigns, releasa and discharge the other of and from all causes of action, claims,
rights or demands whatsoaver In low or equity. which either of the parties ever had
or now has against the other, except any or all cause or causes of ectlon for divorce
and except In any or all causes of action for breach of any provisions of this
Agreament. Each party also waives his or her right to request marital counseling
pursuant to 23 Pa.C.S.A. Section 3302.
7. EQUITABLE DISTRIBUTION:
A. Husband agrees to transfer to Wife Immedletely upon signing
of this Agreement, all of his Interest In and title to their Jointly-owned real estate at 18
Rlchlarld Lane, Camp Hili, Cumberland County, Pennsylvania, subject to tha mortgaga
of approximately Forty Three Thousand Four Hundred and Nine Dollars ($43, 409.00)
given to Homeslde Lending. In exchange for which Wife egrees to be solely responsible
for the payment of all future mortgage payments, taxes, Insurancas and utility bills
relative to said real estate. Wife covenants and agreas to pay and discharge the
existing mortgage obligation on said premises and agrees to Indamnlfy Husband from
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any loss by reason of any default In payment and agreas to Sava Husband harmless
from eny future liability with regard thereto.
(11 On tha date of the execution of this Agreement, Husband
shall deliver to Wile a deed to be prepared by Wife's counsel transferring and
conveying to Wife 011 of their right, title, claim and Interest In and to the real estate
located at 18 Rlchlend Lene, Camp Hili, Cumberland County, Pennsylvania. Thereafter,
Wife shell be the sole owner of the reel estate and shall be permitted to record the
deed snd take any other action with respect thereto thot she deems appropriate.
(2) Husband agrees that upon the execution of the deed,
Wife shall become tha sole owner of eny and all homeowner's policies, title policies
and any other policy of Insurance with respect to the real asteta and shsll be entitled
to receive any payments now or hare after due under such Insurance pollclas.
(3) Wife shell promptly epply for reflnBnclng to setlsfy or
shell otherwise obtain Husband's releese regarding the existing first mortgage on 18
Rlchland Lane, Camp Hili, Cumberland County, Pennsylvania and shall upon refinancing
deliver to her counsel $11,400.00, which shall be applied to payment of their
obligation to West Shore Teachers Federal Credit Union end their 1998 Federel tax
liability, as herein provided. Pending settlement on Wlfa's new financing, she shell
continue to be solely responsible for the existing mortgages, Insurenca, taxes and ell
other charges essoclated with the property.
B. Maine Property
As soon es practical but no later then thirty (30) days
following exacutlon of the agreement, the parties shall list for sale their Maine property
and at closing thereon shall distribute the proceeds as follows: Fifty percent (50%) to
Husbend, Fifty percent (50%) to Wife, with Husband at the time of closing from his
50% to pey to Wife's counsel for his fees the sum of $3,000.00. Should the net sale
proceeds be lass than $6,000.00, any deficiency required to pay Wife's counsel fees
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December 28, 1998
up to $3,000.00 shall ba contributed by Husband and paid to har counsel within thirty
(30) days of closing on tha Maine prop(lrty sale.
C. Content. of The Former Merltlll Re.ldence:
As of the data of the axecutlon of this Agreement, Husbsnd
shall sat over, transfer and esslgn to Wife ell of his right, title, claim and Interest In and
to the furniture, furnishings, fixtures, goods, appliances, equipment and personal Items
within tho former marital residence.
D. Contents of HUBbllnd'. ReBldence:
As of the date of the execution of this Agreement, Wife shall
sat ovar, transfer, and assign to Husband all of her right, title, clelm and Interast In and
to the furnltura, furnishings, fixtures, goods, appliances, equipment and personal Items
within Husband's rasldence.
E. Motor Vehlc/eB:
With respect to the motor vehicles owned by one or both of
tha parties, they agree as follows:
(1l Husband shall retain the 1987 Honda Civic or Its
replacement.
(2) Wife shall retain tha 1991 Honda Civic or Its
replacamant.
(3) All automobile titles and Insurance policies will be
correctad to reflact the ownership of each vehicle.
F. IndlvldulIl Retirement Account., PenBlons And Employment
Benefit.:
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Wife shall rataln her entire TIAACEAFA pension and stock
account with an approximate value of $18,166.00, free and clear of any claim by
Husband.
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Husband shall retain his entire Unltad Church of Christ
pension with an approximate value of $262,200.00 free and clear of any claim by
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Wife, except that by Qualified Domestic Relations Order prepared by Wife's counsel,
Husbend shell transfer to Wife es eltornate payee the sum of $102,489.00, plus or
minus Investmant results from December 31, 1996 until the dote of transfer to Wife.
G. Joint Blink IInd ChllrgB Accounts:
All joint bank and charge aCCI)Unts, credit card accounts and
any other joint accounts sholl be termlnatad and each party shall take those steps
necesRary to have the other removad os a responsible party from any such account.
H. PropBrty to WIfB.'
The parties agree that Wife Ghall own, posses, and enjoy free
from eny claims of Husband, the property awarded to her by the terms of this
Agreement. HUGband hereby qultclelms, assigns and conveys to Wife all such property
together with any Insurance policies covering that property, and any escrow accounts
relating to that prop arty . This Agreement shall constitute 0 sufficient bill of sale to
evidence tha transfer of any and all rights In such property from Husband to Wife.
I. Property to Husbsnd:
The parties agree that Husband shall own, possess. and
enjoy free from any claims of Wife, the property awarded to her by the terms of this
Agreement. Wife hereby q'Jltclalms, assigns and conveys to Husband all such property
together with any Insurance policies covering that property, and any escrow accounts
rlllatlng to that property. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from Wife to Husband.
J. MlscBIIBneous Property:
All property not specifically addressed hareln shall hereafter
be owned by the party to whom the property Is titled, and If untitled, the party In
possession. This Agreement shall constitute a sufflclefH bill of sale to evidence the
transfer of eny and ell rights in such property from each to the other.
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K. TIIX Llllblllty:
The parties believe and egree thet the division of property
heretofore Il1sde by this Agreement Is a non.taxable division of property between co-
owners rather than a taxabla sale or exchange of such property. Each party promises
not to take eny position with respect to the adjusted basis of the property assigned to
him or her with respect to any other Issue which Is Inconsistent with the position sat
forth In the precadlng sentence on his or her Federal or State Income tax returns.
a. LIFE INSURANCE:
Each party shall continue to own any lite Insurance policies
currently In effect, wlthOIJt restriction as to the designation cf beneficiaries.
9. ALIMONY:
Husband shall pey alimony to Wife In the amount of Four Hundred
Fifty Dollars ($450.001 per month commencing on the first day of the first month
following execution of this Marital Settlamant Agreement and ending on December 31 ,
2007. Alimony shall terminate In the event of either party's death or remarriage, or
Wife's cohabitation with a member of the opposite sex, not within the degrees of
consanguinity. For tex purposes, all alimony paymants are Intended to be deductible
by Husband and Includible as Income to the Wife.
Husband end Wife acknowledga Bnd agrae that the provisions of
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this Agreement providing for tne welvllr gf alimony to her by hlr Husband are fair,
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adequate, and satisfactory to~her and are based upon her actual need, her Husband's
eblllty to pey, the duration of the parties' marriage end other relevent factors which
have been taken Into consideration by the parties. Although the approval of this
Agreement by a court of competent jurisdiction In connection with this ectlon In
divorce or annulment flied by Husband or Wife shall be deemed en order of the court
end may be enforced as provided In 23 Pa.C.S.A. Section 3701 (f) end 3703, as
emended, this Agreement, insofar as it pertains only to support for Wife and the
payment of alimony follOWing the entry of a final Decree In Divorce between the
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pertlee, may not ba modified, suspended, terminated, or reinstated at the Instance or
request of tha Wife or Husband, or subject to further order of eny court upon changed
circumstances of the Wife or Husband of a substantial or continuing nature, or for eny
reeson claimed by Wife or Husbend whatsoever. Upon that condition, Wife and
Husbend hereby accept the provisions of this Agreement In lieu of and In full and final
settlement end satisfaction of all claims and demands that either party may now or
hereafter have against the other, and Husband and Wife further voluntarily and
Intelligently waives and relinquishes any right to seek e modification, suepenslon,
termination, relnstltutlon, or other court order with respect to the terms of this
Agreement pertaining to the payment of support to Wife or the payment of alimony
by Husband.
Husband ecknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of marltel property are fair, adequate
end satisfactory to him and are accepted by him In lieu of and In full and final
settlement and satisfaction of any claims or demands that he may now have or
hereafter have against the Wife for support, maintenance or alimony. Husband further
voluntarily and Intelligently waives and relinquishes any right to seek from the Wife any
payment for support or alimony.
10. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for tha equitable distribution of marital property of the parties
are fair, adequate and satisfactory to them. Both parties agree to accept the
provisions set forth In this Agreement In Lieu of and In full and final settlement and
satisfaction of all claims and demands that either may now or hereafter have against
the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the commencement of the
proceedings for divorce or annulment between the parties.
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11, INCOME TAX RETURNS:
The parties have heretofore flied Joint tederal tax returns. Both
parties a9rea that In the event any deficiency In federal, state or local Income tax Is
proposed, or any essessment of any such tax Is made against alther of them, each will
Indemnify and hold harmless the other from and against an loss or liability for any such
tax deficiency or assessment and any loss or liability for any such tax deflcloncy or
sssossmant and any Interest, penalty and expense Incurred In connection therewith.
Such tax, Interest, penelly or expense shall be paid solely and entirely by the Individual
who III finally determined to be responsible for the ectlons, misrepresentations or
tallures to disclose separate Income resulting In tax lIeblllty. The partlos shall file a
joint federal tax return for the 1998 tax yeer and separately thereafter. Husband shall
pay the parties' entire joint 1998 tax liability, except that Wife shall contribute any
deficiency In hor WithhOlding exceeding $550.00. From his escrow account, counsel
for Wife shall deliver to Husband the sum of $4,000.00 to apply toward the 1998 joint
liability and Husband may retain any portion not required to satisfy their tax liability.
Any 1998 tax refund shall be shared by the parties In ratio of their gross Incomee.
12. WAIVERS OF CLAIMS AGAINST ESTA rES:
Except as herein otherwise provided each party may dispose of his
or her property In any way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hereafter acquire, under the present or future laws
of any jurisdiction, to share In the property or the estate of the other as a result of the
marital relationship, Including without limitation, dower, curtsey, statutory allowance,
wldow'e allowance, right to take intestacy, right to take egelnst tho will of the other,
and right to act as administrator or executor of the other's estate. Each will, at the
raquest of the other, execute, acknowledge and deliver any and all Instruments which
may be nocessary or advisable to carry into effect this mutual waiver and
rsllnqulshment of all such Interests, rights and claims and both parties will revoke prior
wills or testamentary documents.
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13, AGREEMENT NOT PREDICA TED ON DIVORCE:
It Is specifically understood and agreed by and betwean the parties
hereto and each of the said parties does hereby Warrant and rapresent to tile other,
that the execution and delivery of this Agreement Is not predicated upon nor made
subjact to any agreement for Institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided, howevar, that nothing
contained In this Agreement shall prevent or preclude either of the parties hereto from
commencing, Instituting or prosecuting an action or actions for divorce, either absolutll
or otherwise, upon just, legal and proper grounds; nor to prevent either party from
defending any such action which has been, mayor shall be Instituted by the other
party, or from making any just or proper defense thereto. It Is warranted, covenanted
and represented by Husband and Wife, each to the other, that this Agreement Is lawful
and enforceoble and this warranty, CO'Jenant and representation Is made for the
specific purpose of Inducing Husband and Wife to execute this Agreement. Husband
and Wife eech knowingly and understandingly hereby waives any and all possible
claims that this agreement Is, for any reeson Illegal or for any reason whatsoever,
unenforceable In whole or in part. Husband Ilnd Wife each do hereby warrant,
covenant and agree that, In any possible event, he and she are and shall forever be
estopped from asserting any illegality or unenforceablllty as to all or any part of this
Agreement.
14. SUBSEQUENT DIVORCE:
Husband at his cost by his former counsel on August 30, 1996
flied an action for divorce under 3301 (c) or (d) of the Divorce code. If necessary,
Counsel for Wife shall acknowledge that she was served on September 5, 1996.
Simultaneously with tha execution of this Agreement both parties
will execute Affidavits and Waivers of Notice to enable counsel for Husband to
proceed with a no-fault divorce as soon as possible, providing counsel for Wife with
a duplicate decree.
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The parties further agree that each of them shall be responsible tor
their own attorney's fees except that Husband shall pay to Wife's counsel the sum of
$3,000.00 upon sale of the Maine property as herein provided.
The parties shall be bound by the terms ot this agreement, which
shall be Incorporated by reference Into the Divorce Decree, shall not be merged In such
Decree, but shall In all respects survive the same and be further binding as an
enforceable contract, conclusive upon the parties.
16. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other
party shall have the right at his or her election, to sue for damages for such breach,
or r;eek such other remedies or relief as may be responsible for payment of legal fees
and costs Incurred by the other In enforcing his or her rights under this Agreement.
Reasonable Interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either
Husband or Wife In Equity, and the parties hereto agree that If an action to enforce this
Agreement Is brought In Equity by either party, the other party will make no objection
on the alleged ground of lack of jurisdiction of said Court on the ground that there Is
an adequate remedy at law . The parties do not Intand or purport hereby to improperly
confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided
herein for the forum of equity in mutual recognition of the present state of the law,
and In recognition of the general jurisdiction of Courts In Equity over agreement such
as this one.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an action at law for redress of his or her rights under
the terms of this Agreement, and in such event It is specifically understood and agreed
that for and In specific consideration of the other provisions and covenants of this
Agreament, each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid undue delay.
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C. Each party further hereby agrees to pay and to saVQ and hold
harmless the other party from any and all attorney's fees and costs of litigation that
either may sustain, or Incur or become liable for, In any way whatsoever, or shall pay
upon, or In terms or provisions of this Agreement by reason of any of the terms or
provisions of this Agreement by reason of which either party shall be obliged to retain
or angage counsel to Initiate or maintain or defend procesdlngs egalnst the other at law
or equity or both In any way whatsoever, provided that the perty who seeks to recover
such attorney's fees, and costs of litigation must first be successful In whole or In
part, before there would be any liability for attorney's fees and costs of litigation. It
Is the specific agreement and Intent or the parties that a breaching or wrongdoing
party shall bear the burden and obligation of any and all costs and expenses and
counsel fees Incurred by himself or herself as well as the other party In endeavoring
to protect and enforce his or her rights under this Agreement.
16. ADDITIONAL INSTRUMENT:
Each of the parties shall from time to time, at the request of the
other, execute, acknowledge and deliver to the other party any and all further
Instruments that may be reasonably required to glva full force and effect to the
provisions of this Agreement.
17. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been
fully explained to the parties by thalr respective counsel, and each party acknowledges
that the Agreement Is fair and equitable, that It Is being entered Into voluntarily, with
full knowledge of the assets of both parties, and that It is not the result of any duress
or undue Influence. The parties acknowledge that they have been furnished with all
Information relating to the financial affairs of the other which has been requested by
each of them or by their respective counsel.
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1a. ENTIRE AGREEMENT:
This Agreement contains tha entire understanding of the parties
and there are no represantatlons, warranties, covenants or undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been taken Into consideration
by the parties. Both parties hereby accept the provisions of this Agreement with
respect to the division of property In lieu of and In full and final settlement and
satisfaction of all claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by and any court of
competent jurisdiction pursuant to 23 Pa.c.S.A. Section 3501 g!,. ~ or any other
laws. Husband and Wife each voluntarily and Intelligently waive and relinquish any
right to seek a court ordered determlnetlon and dlrltrlbutlon of marital property, but
nothing herein contained shall constitute a waiver by either party of any rights to seek
the relief of any court for the purpose of enforcing the provisions of this Agreement.
19. DISCLOSURE:
Husband and Wife represent and warrant to the other that he or
she has made a full and complete disclosure to the other of all assets of any nature
whatsoever In which either party has an Interest, the sources and amount of the
Income of such party of every type whatsoever and of all other relevant and material
facts relating to the subject matter of this Agreement.
20. MODIFICA TION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only If made In writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strlr-t performance on any of the
provisions of this Agreement shall not be construed as e waiver of any subsequent
default of the same or similar nature.
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21, PRIOR AGREEMENT:
It Is understood and agreed that any and all property settlement
agreements whloh mayor have been executed prior to the date and tlma of this
Agreement lire null and void and have no effect.
22. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only.
They hava no effect whatsoever In determining the rights or obligations of the parties.
23. INDEPENDENT SEPARA TE COVENANTS:
It Is specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a separate and Independent
covenant and agreement.
24. APPLICABLE LA W:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
25. VOID CLAUSES:
If any term, condition, clause or provision of this Agreement shall
be detarmlned or declared to be void or Invalid In law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement and In all
other respects this Agreement shall be valid and continue In full force, effect and
operation.
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RICHARD C. GORDON.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4846
v.
CIVIL ACTION .. LAW
JANE A. GORDON,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following Information, to the court for
entry of a divorco decree:
1. Ground for divorce: Irretrievable breakdown under Sactlon 3301 (c) of the
Divorce Code.
2. Date and manner of service of the complaint: Served upon Defendant,
Jane A. Gordon by U.S. Mell, certified delivery on September 5, 1996.
3. Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code:
by plaintiff: December 29, 1998;
by defendent: December 29, 1998.
4. Date of execution of the Waiver of Notice required by Section 3301 (c)
of the Divorce Code:
by plaintiff: December 29, 1998;
by defendant: December 29, 1998.
5. Related claims ponding: None.
6. Date and manner of service of the notice of Intention to file praecipe to
transmit record, 0 copy of which Is attached, If the de.;:ree Is to be entered under
Section 3301 (d)(1)(I) of the Divorce Code. N/A
7. Plaintiff and Defendant have signed a Separation and Property Settlement
Agreement dated December 28, 1998.
WHEREFORE. the Court is requested to enter a Final Decree In Divorce In
compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1)
and to Incorporate the terms of the Separation and Property Settlement Agreement In
accordance with Section 301 (a)(l) and (4) and 401 (b) of the Divorce Code.
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Dated: tl&.llqq
Edward J. elntraub, Esquire
Attorney for Plaintiff
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RICHARD C. GORDON, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 96-4846
V. I
I
JANE A. GORDON, I CIVIL ACTION - LAW
Defendant I
I IN DIVORCE
STIPULATION FOR AGREED UPON
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, come a the above parties, and upon joint motion
respectfully request this Honorable Court to enter th$ following
Qualified Domestic Relations Order relating to the division of the
interests of Richard C. Gordon in the Annuity Fund of the United
Church of Christl
1. Richard C. Gordon (Social Security No. 371-44-7421
and date of birth September 24, 1943) (the "Member") is the
Plaintiff in this matter and a member of the United Church of
Chriat. His last known mailing address is 1612-A Eehelman Mill
Road, Willow street, PA 17584.
2. Jane A. Gordon (Social Security No. 576-46-1837 and
date of birth January 7, 1944) (the "EX-Spouse") is the Defendant
in this matter. Her last known mailing address is 18 Richland
Lane, Camp Hill, PA 17011.
3.
The Annuity Fund, United Church of Christ
(the
"Fund") is a "church plan" as defined in section 414 (e) of the
Interna 1 Revenue Code of 1954, as amended, and the pension
programs of the Fund are defined contribution tax-deferred
annuities under section 403(b) of the Internal Revenue Code of
1964, as amended.
4. The Fund is adminietered by the Pensions Boards,
United Church of Christ, 475 Riverside Drive, New York, N.Y.
10115.
6. The Fund provides that an ex-spouse may reoeive a
portion of a member's, retirement pension benefit pursuant to a
domestic relations order issued by a court of competent
jurisdiction.
6. The parties were married on May 8, 1965, separated on
October 8, 1995, and a Deoree in Divorce was granted on January
12, 1999, subject to the Court's entry of a qualified domeatic
relations order regarding the Member's interest in the Fund.
7. The parties agree to divide the Member's interest in
the Fund as follows:
a. As of the date of sIgning of this Qualified
Domestic Relations Order by the Court, the sum of One
Hundred Two Thousand Four Hundred Eighty-Nine and 00/1.00
($102,489.00) DOllars, as of December 31, 1995, plus
actual interest, if any, or investment results achieved
(increases or decreases) attributable to and earned on
this sum from December 31, 1995, of the accumulations as
of standing in the name of the Member, as a member of
Fund, under Account #1000065e30, shall become the
property of tae EX-Spouse and shall be transferred to a
separate but comparable accumulations account in the Ex-
Spouse's name as a non-member beneficiary and shall be
administered in accordance with the Rules of the Fund.
b. The balance remaining after such transfer
pursuant to paragraph 7. a. above I and any further
contributions made by the Member or on his behalf after
December 31, 1995, plus actual interest, if any, or
inveatment results achieved (increases or decreasEls)
attributable to and earned on such amounts, shall be
retained in the Member's account and shall thereaftElr be
free and clear of any claim by the EX-Spouse.
2
c. All annuity, death, or other benefit payments
from each such account shall be made only in accordance
with the RUles of the Fund. The Member and the EX-Spouse
shall execute promptly / such documents as may be required
to effect the transfer provided for herein.
8. The benefits payable to the EX-Spouse shall be
payable at tho earlieat allowable date and with any find all
optiona otherwise provided for an Ex-Spouse in accordance with the
terms of the Fund.
9. This Qualified Domestic Relations Order is not
intended to require the Fund to provide any type or form of
benefitl!l 01: any option not otherwise provided by the Fund, nor
shall this Order require the Fund to provide for increased
benefits not required by the Plan or as set forth herein.
10. 'I'his Order does not require the Fund to provide
benefits to EX-6pouse that are required to be paid to another ex-
spouse under another order previously determined to be a qualified
domestic relations order.
11. All benefits payable under the Fund other than those
payable to Ex-~pouse shall be paid to the Member in such manner
and form as he may elect in his sole and undivided discretion,
subject only to Fund requirements.
12. While it is intended and anticipated that the Board
of Pensions will pay directly to the Ex-spouse the benefits
awarded to her, Member is designated a constructive trustee to the
extent that he receives any benefits under the Fund that are due
to the Ex-spouse, but paid to Member, and Member shall immediat~ly
3